Upload
pinaymgr
View
236
Download
0
Embed Size (px)
Citation preview
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
1/45
HRBA and HUMAN RIGHTS
PRINCIPLES APPLIED TOLOCAL LEGISLATION
Atty. Anita M. Chauhan
HRBA in Local LegislationMarch 4-5,2009
ORT, San Fernando City
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
2/45
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
3/45
The Role of Legislation in Human Rights Promotion and Protection
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
4/45
Role of Legislators a fundamental role in establishing the rule of
law, overseeing transparent governmentprocesses, and representing peoples views inthe policy making process. Parliaments arealso crucial to effecting a separation ofpowers and institutionalizing a system of
checks and balances essential to democraticgovernance. This includes the promotion andprotection of human rights.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
5/45
Why a rights based approach to
legislation? The rationale for adopting a human rights-based approach to
parliamentary development programming is that doing so willenhance the contribution of parliament, its bodies and itsmembers to human rights through parliamentary processes.Parliaments have significant responsibility for promoting,
protecting and realizing human rights through their functions oflaw-making, oversight, and representation. Parliaments candemonstrate the key tenets of democratic governance and the
universal principles that underpin human rights through theirexercise of inclusive participation, their accountability to citizens,and their influence over the equitable allocation of resources.Strong parliamentary institutions help to ensure democracy, therule of law, and human rights.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
6/45
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
7/45
Dimensions of a human rights-based approach to
parliamentary development:
HUMAN RIGHTS
REMEDIES
HUMAN RIGHTS
DUTY BEARERSHUMAN RIGHTS
CLAIMHOLDERS
HUMAN RIGHTS
STANDARDS
HUMAN RIGHTS
VALUES
AND
PRINCIPLES
HRBA TO
PARLIAMENTARY
DEVELOPMENT
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
8/45
Dimensions of a human rights-based approach to
parliamentary development:
Human Rights Values and Principles that bothdemonstrate and activate human rights includeuniversality and indivisibility, equality and non-
discrimination, participation and the inclusion ofvulnerable groups, accountability and the rule of law.Most of these principles form part of the constitutionsof most states and should guide and direct the work of
parliaments and legislators in their law-making,oversight and representation responsibilities.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
9/45
Human Rights Standards of human rights contained ininternational human rights instruments guide national
development and should be adhered to and utilized byparliaments and legislators in their day-to-day work.This can take the form of ensuring that human rightsstandards are applied to national issues such as gender
equality, the rights of internally displaced persons,minorities, indigenous peoples, the disabled, the aged,or those suffering from HIV/AIDS.
Dimensions of a human rights-based approach
to parliamentary development:
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
10/45
Human Rights Claim Holders refers to people asholders of rights that can be claimed through
participation in parliamentary processes. The right tovote, the holding of public hearings, the ability forcitizens and organizations to participate in thedevelopment of legislation and the role for publicinputs to the national budget process all demonstrate
how claim holders can participate in parliamentaryprocesses and thus actively assert their rights.
Dimensions of a human rights-based approach to
parliamentary development:
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
11/45
Duty-bearers refers to legislators as individuals and parliaments asgovernance institutions with responsibilities and obligations torespect protect, promote and realize human rights principles andstandards through the legislative, oversight and representational
functions and through the execution of parliamentary proceduresand practices. HOW?
raising public awareness about human rights laws, procedures, andremedies
empowering public scrutiny of parliamentary processes andperformance.
monitoring of adherence to human rights laws and of the progressiverealization of human rights in the implementation of national laws.
Investigating and monitoring allegations of human rights violations Conducting parliamentary hearings
issuing parliamentary White Papers on human rights issues
Dimensions of a human rights-based approach to
parliamentary development:
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
12/45
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
13/45
The Human Rights Based Approach to Local Legislation
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
14/45
A human rights approach adds valuebecause it provides a normative framework
of obligations that has legal power to render
governments accountable. Mary Robinson
World Summit on Sustainable
Development, 2002
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
15/45
Human development
is the process of enhancing
peoples capabilities to
expand choices andopportunities so that each
person can lead a life of
respect and value
freedom and dignity need the
legal guarantees of human
rights to avoid being
threatened
The linkages between
and Human rights
All people have claims to social
arrangements that protect them
from the worst abuses anddeprivations-and that secure the
freedom for a life of dignity
The realization of human rights
requires capacities that
development can make possible
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
16/45
Development is an inalienable Human
Right.
DEVELOPMENT
HUMAN
RIGHTS
The Vienna Declaration
situates development
within the human rights
framework. The WorldConference on Human
Rights reaffirms the right
to development as
established in the UNDeclaration on the Right to
Development, as a
universal and inalienable
right and an integral part of
fundamental human rights.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
17/45
It is a mainstreaming process to link human rights to
development.
It is a conceptual framework for the process of human
development that is normatively based on internationalhuman rights standards and operationally directed to
promoting and protecting human rights
As an approach to development, it essentially integrates
the norms ,standards and principles of the internationalhuman rights system into plans,policies and processes of
development.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
18/45
Features of RBA to DevelopmentFirst, a rights-based approach to development is based on aframework of rights and obligations.
The U.N. Development Program issued a Statement of
Common Understanding in May 2003, explainingthat in a human rights-based approach, human rights
determine the relationship between individuals and
groups with valid claims (rights-holders) and State and
non-state actors with correlative obligations (dutybearers).It works towards strengthening the capacities of rights-holders to make their claims, and of dutybearers to meet theirobligations.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
19/45
Second, a rights-based approach should encompass thefull range of indivisible, interdependent andinterrelated rights (i.e., civil, cultural, economic,
political and social rights). This in turn requires aframework that reflects internationally guaranteedrights, such as those related to health,education,housing, justice, personal security and
political participation. By definition, such an
approach would be incompatible with developmentpolicies, projects or activities that have the effect ofviolating rights. In other words, trade-offs betweendevelopment and rights should never be made.
ENCOMPASSES FULL RANGE OF INDIVISIBLE,
INTERDEPENDENT AND INTERRELATED
RIGHTS
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
20/45
Third, a rights-based approach focuses on raising levels ofaccountability and transparency in the development process byidentifying rights-holders (and their claims) and corresponding duty-
bearers (and their obligations). The approach thereby addresses boththe positive obligations of duty-bearers (to recognize, respect,
protect, promote and provide rights) and their negative obligations(to abstain from rights violations). A rights-based approach also
provides for the development of adequate laws, policies, institutions,administrative procedures, practices and mechanisms for redress andaccountability that can ensure the realization of entitlements andrespond to the violation of rights. It calls for the translation ofuniversal standards into locally determined benchmarks formeasuring progress and enhancing accountability.
RAISING LEVELS OF ACCOUNTABILITY
AND TRANSPARENCY
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
21/45
A fourth critical feature of a rights-based approach is that itrequires a high degree of participation. According to the U.N.Declaration on the Right to Development, such participationmust be active,free and meaningful. In other words, mere
formal or ceremonial contacts with beneficiaries is notsufficient. A rights-based approach emphasizes access forrights-holders to development processes, institutions,information and mechanisms for redress and complaints. Inthe context of development work, this means that the partners
in and beneficiaries of development have access to adevelopment projects mechanisms. Rather than developmentagendas that pursue externally conceived quick fixes andimported technical models, the norm would be to adopt
process-based development methodologies and techniques
HIGH DEGREE OF
PARTICIPATION
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
22/45
Finally, a rights-based approach must give particular attentionto issues of discrimination, equality, equity andvulnerability. This means that development efforts must
engage vulnerable groups, such as women, minorities,indigenous peoples and prisoners. Because vulnerablepopulations vary by context, a rights-based approachrequires program designers and other staff to consider localcircumstances when identifying vulnerable populations. Todo this, the development community needs data that isdisaggregated (to the greatest degree possible) by race,religion, ethnicity,language, sex and other categoriesrelated to humanrights.
ATTENTION TO ISSUES OF DISCRIMINATION,
EQUALITY, EQUITY AND VULNERABILITY
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
23/45
HRBA to development and governance is:
A vision
A set of tools
In which HR can be the means, the end the mechanism of evaluation
central focus of sustainable human
development
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
24/45
The development process is normatively based on
international HR standards and principles
It recognizes human beings as rights-holders and
establishes obligations for duty-bearers.
It focuses on discriminated and marginalized groups
It aims for the progressive achievement of all human
rightsIt gives equal importance to the outcome and
process of development
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
25/45
As development policies and programmes are
formulated, the main objective should be to
fulfil human rights.
A human rights-based approach identifies
rightsholders and their entitlements and
corresponding duty-bearers and their
obligations, and works towards strengthening
the capacities of rights-holders to make theirclaims and of duty-bearers to meet their
obligations.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
26/45
RIGHTS BASED APPROACH
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
27/45
RIGHTS-BASED APPROACH
(RBA)
The RBA is founded on the Declaration on the Right toThe RBA is founded on the Declaration on the Right to
Development & on the various International Human RightsDevelopment & on the various International Human Rights
Instruments to which the Philippines is a state partyInstruments to which the Philippines is a state party
Development should provide the processes And
enabling environment for Realization Of Human Rights
And Fundamental Freedoms;
The Economic, Social, Cultural And Political
Development Processes Should Enable The Full
Realization Of Human Rights And Freedoms.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
28/45
Legal Framework of HRBA in
Philippine Setting
International
-Philippines as founding member of United
Nations- Philippines as State Party to no less than 24
international human rights treaties including
the eight (8) core human rights internationaltreaties
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
29/45
National
-Philippine Constitution-Creation of CHRP
-Creation of PHRC
-Human rights related structures created bylaws promulgated by Congress
-Human rights laws and related laws
promulgated by Congress
e pp ne
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
30/45
e pp eFramework in
Development
and Governance
* Economic
* Social
* Cultural
* Political
* Environmental
National/International Human RightsFramework
--Human Rights Principles
-State Obligations
-Individual Duties
-Normative Content of HR
Governance
Economic
Governance
Political
Governance
Administrative
Governance
HUMAN
RIGHTS
KEY GOVERNANCE
STAKEHOLDERS
Government,Civil Society
And Private Sector
DEVELOPMENT
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
31/45
The Human Rights Principles Applied to Local Legislation
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
32/45
Human Rights Standard
The minimum normative content of the right: the type of
claims and obligations that the right implies at the minimum in
practice
Human Rights standardsHuman Rights standards and principles improve the quality ofand principles improve the quality of
outcomes and processesoutcomes and processes
Human rights standardsHuman rights standards delineate the playing field in whichdelineate the playing field in which
development takes placedevelopment takes place
Human rights standardsHuman rights standards
define the content of thedefine the content of the
development objectives.development objectives.
National legislation (national constitution, laws and
regulations, jurisprudence) can establish higher standards
than international law
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
33/45
2) Human rights principles should
guide all parliamentaryprocesses.
HR PrinciplesHR Principles guide the development process.guide the development process.
HR principlesHR principles provide the playing rules for theprovide the playing rules for the
development process.development process.
Human Rights Principles ensure that thedevelopment process creates a favourable
environment and does not harm the
realization of human rights
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
34/45
Human Rights Principles
Universality and inalienability
Indivisibility
Interdependence and Inter-
relatedness
Equality and non-
discrimination
Participation and inclusion
Accountability and rule of law
Content
oriented
Process
oriented
Human Rights Principles
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
35/45
Universality
Indivisibility
Interrrelatednessand
interdependenceNon-discrimination
Equality
Accountability
Attention to
vulnerable groupsEquity
Peoplesparticipation
Independence ofthe judiciary
Legislative
capacity and ruleof law
Transparency
Human Rights Principles
That Guide Development
Rights
related Governancerelated
PROGRESSIVE
REALIZATION
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
36/45
Principles of Universality &Principles of Universality &
InalienabilityInalienability
HR principle of Universality requires:That no one is left out or excluded from human rights
Human rights belong to everyone, everywhere and
are based on the inherent dignity of every person.
Principles of Equality &Principles of Equality &
Non-DiscriminationNon-Discrimination
Equality and Non-discrimination obliges
states to:
Eradicate Legal, institutional, interpersonal
and structural discrimination
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
37/45
Indivisibility and Interdependence:
All rights are equally important. One right cannot beaddressed in isolation from the context of relatedrights, or to the detriment of another. Furthermore,different rights supplement one another (for example,rights to political participation help to safeguardeconomic rights and the right to adequate food and
shelter).Our enjoyment and exercise of a particular humanright are dependent on our enjoyment-or nonenjoyment- of other human rights
HR principles of inter-relatedness and indivisibility
and interdependence requires:
Equal recognition and protection of rights
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
38/45
Accountability: Human rights recognize people as activesubjects and claim-holders, establishing duties andobligations on others to ensure that needs are met. Duty-holders are held accountable for their actions, or lack ofactions
Principle of Accountability requires:
States and other duty bearers to be answerable for
the observance of human rights
Accessible, effective and independent mechanisms
and procedures of redress
Free and independent media, and groups of humanrights defenders representative of men, women andmarginalized or excluded groups
Eq alit
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
39/45
Equality
All persons should enjoy human rights on an equalbasis, and in their totality.
Equality demands women and men equally enjoyand exercise all fundamental rights and freedoms.
Equality does not mean identical treatment in everyinstance.
Equity
In the guarantee of fundamental rights andfreedoms, equity is FAIRNESS,JUSTICE ANDIMPARTIALITY
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
40/45
Participation:Participation is an essential
principle of the international human rights
framework; every person and all Peoples areentitled to participate in, contribute to, and
enjoy development in which all human rights
can be recognized. Participation is notjust
desirable for local ownership and
sustainability, but rather a right in and of
itself.
HR principles of Participation require:
FREE, ACTIVE, MEANINGFUL and INCLUSIVE
PARTICIPATION
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
41/45
Rule of Law:
Rights are protected by national and/or international law.
Any disputes about rights are to be resolved not through
an arbitrary process but through adjudication bycompetent, impartial and independent processes that will
ensure full equality and fairness to all parties, and
determine questions in accordance with clear principles.
The rule of law ensures that no one is above the law andthat there is no impunity for human rights violations.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
42/45
Progressive Realization:
Within the human rights framework, states musttake steps, individually and throughinternational co-operation, to progressivelyachieve the full realization of recognized rights.A lack of economic development cannot beinvoked as a justification for violations of
human rights. Human rights requirecommitments and continual progress onenlarging freedoms and the enjoyment of rightsby governments.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
43/45
Attention to Vulnerable Groups
Great importance must be given to the
promotion and protection of the human rightsof persons belonging to groups that have been
rendered most vulnerable.
Empowerment
Power to act for and on their own behalf to
claim their rights.Emphasis on efforts of the people themselves
to bring about the necessary changes towards
the full realization of all human rights.
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
44/45
8/14/2019 HRBA and Human Rights Principles Applied to Local Legislation
45/45
Allows all persons to see openly into all activities of government.
Involves full, free and public disclosure of decisions, policies,rules,etc,.
Decisions taken by government-and their enforcement- must bedone in a manner that follows rules and regulations.
Information must be freely available and directly accessible tothose who will be affected by public decisions andenforcement.
Enough information in easily understandable forms and on atimely basis must be provided.
Transparency